Rajasthan

StateCommission

A/593/2018

Nitin Kumar Vijay - Complainant(s)

Versus

Rajasthan Housing Board - Opp.Party(s)

Sandeep Sharma

20 Aug 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 593 /2018

 

Nitin Kumar Vijay s/o Girraj Prasad Vijay r/o Dubbi Tehsil Sikrai postal address c/o Prabhudayal Vijay, Adarsh Colony, Near AVM, Opp. Dr.Satish Khandelwal, Dausa.

Vs.

Dy.Housing Commissioner, Circle I, Rajasthan Housing Board, Sector 5 Pratap Nagar ( Sanganer) Jaipur & ors.

 

Date of Order 20.8.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Sandeep Sharma counsel for appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal is filed against the order dated 20.4.2018 passed by the District Forum, Jaipur 4^th whereby the claim is

2

 

dismissed on the ground that complaint is not maintainable before the Consumer Forum. The matter has come upon application u/s 5 of the Limitation Act as the appeal is filed with delay of 73 days.

 

The contention of the appellant is that he applied for copy of the impugned order on 21.5.2018 but no reason has been assigned that why the copy has been applied with delay of 27 days.

 

The other contention of the appellant is that the concerned clerk has assured him to send the copy by registered post but name of the above clerk has not been disclosed and it is the admitted case of the appellant that he has not received the copy by post. The endorsement on the certified copy shows that copy was applied on 21.5.2018 and it was ready on 22.5.2018 but it was received on 7.8.2018 and no reason for the same is assigned. Hence, there is no plausible reason to condone the extra ordinary delay of 73 days.

 

Merit has also been considered.

 

3

 

It is not in dispute that transaction was in relation to commercial plot and that too was purchased in auction. Hence, the Forum below has rightly held that consumer complaint was not maintainable.

 

In view of the above, there is no merit in this appeal not worth admission and stands dismissed.

(Nisha Gupta) President

nm